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HomeMy WebLinkAboutCCMin_84Mar28MINUTES REGULAR CITY COUNCIL MEETING MARCH 28, 1984 A regular City Council Meeting was called to order at 7:00 P.M. by Mayor Eggert. Mayor Eggert, Councilmembers Baldwin, Hard, Chestovich and Ciernia. Also present were Clerk Administrator Barnes, Attorney Van de North, and Engineer Schunicht. None. 2~ PRESENT ABSENT Councilmember Chestovich moved, seconded by Councilmember Hard, that the CONSENT Consent Agenda be approved after removing Item 10 (Dahlgren statement) AGENDA and placing it on the Council Agenda. Motion carried unanimously. APPROVED I! II L_J 1. Falcon Heights Fire Report ~~1-00484 2. Falcon Heights Ambulance Reports ~~2-02084 - ~~202284 3. Lauderdale Ambulance Reports ~~4-01084 and ~F4-01184 4. General Disbursements 3/15/84 - 3/28/84 $60,486.06 5. Liquor Disbursements 3/13/84 - 3/26/84 $ 9,297.95 6. General Payroll 3/1/84 - 3/15/84 $ 6,966.37 7. Liquor Payroll 3/1/84 - 3/15/84 $ 2,062.26 8. Park and Recreation Commission Minutes of March 5, 1984 9. Human Rights Commission Minutes of February 16, 1984 10. Statement for Legal Services (Briggs & Morgan) through February, 1984 11. Bi-monthly Financial Report 12. Liquor Store Financial Report for February, 1984 13. Licenses: Master Gas Installer's License Blaine Heating, Electric & Air Conditioning ~~450 Hindig Company, Inc. 4451 13562 Central Avenue NE 915 West 7th St. Anoka, MN 55303 St. Paul, MN 55102 Vending Machines Minnesota Viking Food Service, Inc. #1088, 1089, 1090 (at Harvest States) 5200 West 74th St. Minneapolis, MN 55435 Mayor Eggert moved, seconded by Councilmember Hard, that the recommended ADDENDUM TO appointment of Tom Montain to the Park and Recreation Commission be added AGENDA to the Agenda. Motion carried unanimously. Councilmember Hard moved, seconded by Councilmember Chestovich, that the MINUTES OF Minutes of March 14, 1984 be approved with the following corrections: 3/14/84 (1) Page 1, last paragraph, line 9, delete the word "do" and replace it APPROVED with "arrange for", and (2) Page 2, paragraph 3, line 12, after "addition" add "of 2,000 or more square feet". Motion carried unanimously. John Bannigan, Attorney for the suburban communities involved in the lake LAKE overflow matter presented a history of the problem and the ensuing court OVERFLOW decisions. He commented on the proposed solution and the fact that the Waste Control Commission was in error in calculating the cost of that solution. Mr. Bannigan recommended that the matter be pursued no further in court but be handled administratively such as working with St. Paul MINUTES REGULAR CITY COUNCIL MEETING MARCH 28, 1984 PAGE 2 2 ~~ .~ to redefine whether or not clean water overflow should be charged for and LAKE OVER- perhaps, meter it out of St. Paul's sewage. Following a discussion, Mayor FLOW (cont.) Eggert .moved, seconded by Councilmember Ciernia, that Engineer Schunicht be authorized to enter into discussions with the City of St. Paul and to attend appropriate meetings and report back to Council. Motion carried unanimously. Councilmember Chestovich moved, seconded by Councilmember Hard, that Resolution 84-11 be adopted as presented. Motion carried unanimously. RESOLUTION 84-11 A RESOLUTION DESIGNATING THE WEEK OF APRIL 8 THROUGH APRIL 14 AS LEAGUE OF WOMEN VOTERS OF ROSEVILLE WEEK Mayor Eggert recommended that Council consider extending the line of trees that separate the residential area from the Community Park in order to buffer the newly constructed homes to the south. A group of Scouts are willing to assist in the planting of the approximately 30 trees. After a short discussion, Mayor Eggert moved, seconded by Councilmember Chestovich, that the Clerk Administrator be authorized to purchase 30 Black Hills spruce (or other appropriate trees) to be planted in that area. Mayor Eggert reviewed the meetings attended by the City Attorney, City Staff, Fiscal Consultant and Bullseye regarding a development agree- ment with Bullseye, and presented for Council's consideration the proposed agreement and a supplement requested by Bob Collins, Attorney for Bullseye. Attorney Van de North then presented a re-formulated supplement, and explained each item. He recommended amending the item stating that costs and expenses incurred on behalf of Bullseye after March 28, 1984 be paid by Bullseye, as there were expenditures prior to that date. He also recommended that paragraph 3 be amended to include information regarding the acquisition of the Falcon Service Station properly and inclusion in the project of the municipal liquor store. Councilmember Ciernia inquired if, by approving the agreement, the City would be locked into variances, etc. Attorney Van de North replied that it would restrict the power somewhat, and would require 'give and take' on the part of both parties, but, Council must act in the public interest which would supersede any agreement. Mayor Eggert moved, seconded by Councilmember Chestovich, that the preliminary de- velopment agreement with the supplement corrections as made by the City Attorney, be approved. Motion carried unanimously. Council discussed at length proposed Resolution 84-12 relating to sewer back-up problems. In view of the fact that there is already a resolution on the books (78-12), Councilmember Hard questioned the need for another resolution. Councilmember Baldwin suggested that the resolution limit the amount of assistance to $300 per residence and that there be a six month sunset in the event it is too costly or does not work out. Council- member Baldwin then moved, seconded by Councilmember Ciernia, that Resolution 84-12 be adopted with the following stipulations: (1) It will be in effect only until September 1, 1984, (2) there be a $300 limit, and (3) an acceptable back-flow stoppage device be installed, and that Resolution 78-12 be rescinded. Upon a vote being taken, the RESOLUTION 84-11 SCOUTS TO PLANT TREES IN PARK PRELIMINARY AGREEMENT WITH BULLSEYE APPROVED SEWER BACK- UP DISCUSSION MINUTES REGULAR CITY COUNCIL MEETING MARCH 28, 1984 PAGE 3 2 ~.;~ voted in favor thereof: Councilmembers Baldwin and Ciernia, and the follow- ing voted against the same: Mayor Eggert, Councilmembers Chestovich and SEWER Hard. Motion failed. (cont.) The request from Beverly Higgins, 1355 W. Iowa, for reimbursement for HIGGINS sewer back-up was deferred until the next meeting in order that Mrs. REQUEST Higgins can be in attendance and to allow the City Engineer ample time FOR REIMBURSE- to examine the sewers in the area. Engineer Schunicht informed that MENT in a preliminary examination nothing was found in the system that would DEFERRED cause excessive sewer problems at that particular residence. Clerk Administrator Barnes informed Council that placement of the civil CIVIL DEFENSE defense siren at a location on Fairview Avenue 30 feet north of the SIREN Larpenteur Avenue right-of-way, has been approved by the University of PLACEMENT Minnesota, Ramsey County and Northern States Power. The estimated cost APPROVED of wiring by Northern States is $2,179. Councilmember Chestovich moved, seconded by Councilmember Hard, that the Clerk Administrator be authorized to expend the estimated cost of wiring, and arrange for placement of the siren with expediency. Motion carried unanimously. Attorney Van de North explained that as of August, 1984, there wi~.l be AMBULANCE an increase in the limits under which a city can be sued ($600.,000) INSURANCE and that the City's existing policy should be amended to cover the in- creased exposure. He felt the ambulance personnel is at present covered by the City policy, but will contact the City's carrier, and if ambulance personnel is not adequately covered, the item will be discussed at the April 11, 1984 meeting. COMMUNICATIONS The matter of the charge for the fire dispatching equipment purchased SYSTEM by Ramsey County was deferred to the April 11, 1984 meeting. DEFERRED Councilmember Chestovich moved, seconded by Councilmember Baldwin, that PURCHASE OF funds be expended for the following furniture items: (1) $1,080.00 FURNITURE for Bookkeeper's desk with return and credenza, (2) $1,201.03 for AUTHORIZED Clerk Administrator's desk and credenza, and (3) $109.08 for lectern for Council Chambers. Motion carried unanimously. WATER EASEMENT Councilmember Ciernia moved, seconded by Councilmember Chestovich, AGREEMENT WITH that Mayor Eggert and Clerk Administrator Barnes be authorized to HEWLETT/PACK- sign the easement agreement with Hewlett Packard and the St. Paul ARD & WATER water utility. Motion carried unanimously. DEPT. TO BE SIGNED Mayor Eggert explained that Good Value Homes has requested permission to construct two chain link fences two feet from the property lines REQUEST FROM within the park walkway easement. Due to an error made by the develop- GOOD VALUE er the 10 foot easement for park access was not in the sale agreement FOR 5' PARK when the abuting homes were sold. Council discussed the matter and ACCESS DENIED the surfacing of the walkway after which Councilmember Chestovich moved, seconded by Mayor Eggert, that the request be denied, that the walkway remain 10 feet in width and that the surface be grass. Motion carried unanimously. LIQUOR STORE Mayor Eggert moved, seconded by Councilmember Chestovich, that the TO BE Clerk Administrator be authorized to obtain an appraisal of the APPRAISED liquor store property. Motion carried unanimously. CITY CANNOT Attorney Van de North informed Council that State Statute does not ASSESS UNPAID allow assessment of unpaid ambulance charges. AMBULANCE BILLS MINUTES REGULAR CITY COUNCIL MEETING MARCH 28, 1984 PAGE 4 Mayor Eggert informed Council that Group W has asked the North Suburban Cable Commission to allow installation of a cable system downgraded from the original franchise agreement, explaining that the system that was bid was too expensive and if following the franchise agreement they would find it necessary to charge prohibitive fees. A majority of the Cable Commission votes favored altering the franchise as follows: (1) one cable instead of two, reduction from 114 channels to 60, (2) change in rate structure, fees to be increased, lowest tier eliminated, and (3) access channels reduced from 9 to 8. Mayor Eggert commented on Ordinance 4192, the intent of which was to allow the Cable Commission to make decisions dealing with equipment changes as changes in technology occurred. However, since it did not specifically state that it applied only to equipment changes, it is being broadly interpreted to apply to structural changes. Mayor Eggert was of the opinion that any major structural changes should require approval by the City Council not the Cable Commission. Mayor Eggert will discuss with the other affected communities, the possibility of amending the ordinance to specifically stipulate that major structural changes must be approved by City Council. Councilmember Chestovich moved, seconded by Mayor Eggert, an expenditure of $188.00 for membership in the Ramsey County League, the amount to be taken from the contingency fund. Councilmember Ciernia explained that he and Councilmember Baldwin had met with Senator Dieterich and discussed upgrading of Roselawn from Cleveland to Fulham, and requested that the Senator attempt to obtain funds from the state of Minnesota for upgrading of the street since the street abuts University of Minnesota property. Clerk Administrator Barnes informed Council that Ramsey County is requesting FAU funds for the upgrading of Cleveland Avenue to Coma Avenue. The Clerk Administrator was directed to arrange a meeting with Ramsey County Engineers, Mayor Eggert and Clinton Hewitt of the University to discuss the street upgrading. 2 r CABLE TV FRANCHISE CITY TO JOIN RAMSEY COUNTY LEAGUE SENATOR DIETERICH TO REQUEST FUNDS FOR ROSELAWN, CLEVELAND TO FULHAM Councilmember Hard reported that trucks are going through Falcon Woods VIOLATION OF 1 and 2 in disregard of the 3 ton load limits. Mayor Eggert informed LOAD LIMITS & that he had contacted the developer of Falcon Woods 3 on March 27th DEVELOPMENT and advised him the trucks must come in Prior from the south and cannot AGREEMENT BY drive on the streets to the north. Residents of the area are concerned GOOD VALUE that the streets are being damaged and will be expensive to repair. CONTRACTORS Council reviewed the development agreement with Good Value Homes which stipulated that no construction vehicles were to come in from the north. Following the discussion the City Engineer was directed to inspect the roads for damage, Mayor Eggert will contact the developer by phone, and the City Attorney will draft a letter informing the develop- er that they are violating the development agreement and that the City is considering legal action. Council reviewed and. noted the 1983 Financial Statements as prepared by George M. Hansen Company. The Clerk Administrator will publish the official statement in the official newspaper. Mayor Eggert moved, seconded by Councilmember Ciernia, that Tom Montain, 1850 Holton, be appointed to the Park and Recreation Commission. Motion carried unanimously. 1983 FINANCIAL REPORT NOTED T. MONTAIN, 1850 HOLTON APPOINTED TO PARK & REC. MINUTES REGULAR CITY COUNCIL MEETING ~ ~, MARCH 28, 1984 PAGE 5 1 Councilmember Ciernia moved, seconded by Councilmember Chestovich MAY BIKE that May be designated as bargain month for bicycle licenses, the LICENSES TO licenses to be reduced in cost from $5.00 to $3.00. Motion carried BE $3.00 unanimously. WORKSHOP ON Councilmember Chestovich requested that Council select dates for ZONING a joint workshop with the Planning Commission for work on the revised ORDINANCE TO zoning ordinance. The two possible dates discussed were April 18 BE SCHEDULED and April 23. Councilmember Chestovich will present the dates to the Planning Commission at the April 2nd meeting of the Commission. Councilmember Hard informed that at the League of Minnesota Cities meeting the proposed policies were all passed. Councilmember Baldwin informed that the North Suburban Youth Service Bureau is in need of raising $23,000. Councilmember Hard moved, seconded by Councilmember Chestovich, ADJOURNMENT that the meeting be adjourned at 10:16 P.M. Motion carried unanimously. ATTEST: ~~ ~G~,./ ewan B. Barnes, Clerk Administrator Regular City Council Meeting of March 28, 1984